Question 1

Trudy committed several property crimes and has been sentenced to 9 months for one offence and 6 months for the other offence. The judge has decided that Trudy will serve one 9-month sentence. Which type of sentence is Trudy serving?

Accepted Answer

Trudy is serving a concurrent sentence because both sentences will be served at the same time, indicated by the judge's decision that she will only serve one 9-month sentence for both offences.

Question 2

Judge Randhawa is sentencing an offender to a federal sentence of imprisonment. She believes that this offender is at a high risk of recidivism, and decides to require that he serve at least half of his sentence before he is eligible to apply for parole. Which of the following has Judge Randhawa applied?

Accepted Answer

Judicial determination refers to a judge's decision regarding aspects of a sentence, such as parole eligibility, based on their assessment of the offender's risk and other factors.

Question 3

Judge Kent is sentencing an offender for an attempted murder. When reviewing the case, he realizes that the offender has serious substance addiction problems and decides to apply a less severe sentence. What type of factor is addiction in this case?

Accepted Answer

Addiction is considered a mitigating factor in this context because it may have influenced the offender's behavior, leading the judge to consider a less severe sentence. Mitigating factors are conditions or situations that do not excuse or justify criminal behavior but are considered by the court to reduce the offender's culpability or warrant a less severe sentence.

Question 4

Judge Greene is sentencing an offender for the production of counterfeit currency. The sentence contains a disposition requiring the offender to turn over all counterfeit money to the Crown. Which type of disposition is this?

Accepted Answer

A forfeiture is a legal process where the offender is required to surrender property or assets, in this case, counterfeit money, to the state or Crown.

Question 5

Judge Kennedy is sentencing an offender for possession of child pornography. The sentence contains a disposition requiring the offender to stay a specified distance away from areas frequented by children under the age of 16. What type of disposition is this?

Accepted Answer

A prohibition is a type of disposition that restricts or forbids certain actions or movements of the offender, such as staying away from areas frequented by children, to prevent potential harm.

Question 6

Summarize the purpose and objectives of sentencing as set out in Section 718 of the Criminal Code.

Accepted Answer

The answer of Summarize the purpose and objectives of sentencing...

Question 7

Briefly summarize the utilitarian, retributive, and restorative goals of sentencing.

Accepted Answer

The answer of Briefly summarize the utilitarian, retributive, and restorative...

Question 8

Define and explain the concept of a victim fine surcharge. What two common misunderstandings associated with this practice?

Accepted Answer

The answer of Define and explain the concept of a...

Question 9

Discuss the points and counterpoints surrounding section 718.2(e) and the sentencing of Aboriginal offenders.

Accepted Answer

The answer of Discuss the points and counterpoints surrounding section...

Question 10

Compare and contrast aggravating circumstances and mitigating circumstances and the role these factors play in sentencing.

Accepted Answer

The answer of Compare and contrast aggravating circumstances and mitigating...

Question 11

What is the focus of utilitarian sentencing goals? What are the four ways in which utilitarian sentencing may address this focus?

Accepted Answer

The answer of What is the focus of utilitarian sentencing...

Question 12

A key attribute of sentencing in Canada is disparity. What are the benefits and drawbacks of having a sentencing framework that, with a few exceptions, does not require judges to impose a predetermined sentence on a convicted offender?

Accepted Answer

The answer of A key attribute of sentencing in Canada...

Question 13

What is the "long-term offender" designation, and how does it affect sentences imposed in court?

Accepted Answer

The answer of What is the "long-term offender" designation, and...

Question 14

Why is it difficult to determine the effectiveness of sentences?

Accepted Answer

The answer of Why is it difficult to determine the...

Question 15

What is the key focus of retributive sentencing goals? In which two ways might this focus be achieved?

Accepted Answer

The answer of What is the key focus of retributive...

Question 16

What is "judicial determination"? What are the sentencing objectives underlying its use?

Accepted Answer

The answer of What is "judicial determination"? What are the...

Question 17

What is the difference between the "long-term offender" (LTO) designation and the "dangerous offender" (DO) designation?

Accepted Answer

The answer of What is the difference between the "long-term...

Question 18

Section 718 of the Criminal Code sets out the purpose and principles of sentencing. A close review of these indicates some potential contradictions. Explore the implications of this and explain how this may affect the sentencing practices of judges.

Accepted Answer

The answer of Section 718 of the Criminal Code sets...

Question 19

Compare and contrast concurrent and consecutive sentences. Consider the provisions in the Criminal Code and the Provincial Offences Act dictating how these sentences should be served. Which form of sentence do you find to be more appealing? Why?

Accepted Answer

The answer of Compare and contrast concurrent and consecutive sentences....

Question 20

Discuss the issues that are raised by section 718.2(e) of the Criminal Code and the sentencing of Aboriginal offenders.

Accepted Answer

The answer of Discuss the issues that are raised by...

Quiz 9: Sentencing